Legal Opinion
People v. Gardine
Appellate Division of the Supreme Court of the State of New York
Decided April 4, 2002PublishedCited by 6 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered July 24, 1996, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree and third degrees, and sentencing him to an aggregate term of I8V2 years to life, unanimously affirmed.
The court properly refused to give a missing witness charge regarding a child who may have witnessed the murder. Defendant failed to make a prima facie showing that the child was in the “control” of the People {see, People v Gonzalez, 68 NY2d 424, 427-428).
The record…
2Cases cited5 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1995
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ManciniAppellate Division of the Supreme Court of the State of New York · 1994
- People v. Louise D.New York City Family Court · 1975
3Cited by6 opinions
- People v. MarianoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BarksdaleAppellate Division of the Supreme Court of the State of New York · 2023
- People v. BarksdaleAppellate Division of the Supreme Court of the State of New York · 2023
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2022
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2019
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